HomeMy WebLinkAbout040-1170-10-005
CROIX CO
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PLAITING & ZONING
June 27, 2011 File Ref: SE87215
Jonathan and Mary Wood
3099 North View Lane.
Woodbury, MN 55125
Re: St. Croix County Special Exception Requests
Parcel #040-1170-10-000, Town of Troy
Code Administrab
715-386-4680 Dear Mr. & Mrs. Wood:
Land Informadon & The St. Croix County Board of Adjustment (Board) has reviewed your requests for the following items:
Planning
715-386-4674 Item #1: Special exception permit for reconstruction and expansion of a legal
nonconforming principal structure in the Lower St. Croix Riverway Overlay District
Real
715-3 3 - 77 pursuant to Sections 17.36.I.2.d. and 17.36.1.2.e.
Re . cling Item #2: Addendum Special exception permit for a stairway in the Lower St. Croix
-386-4675 Riverway Overlay District pursuant to Section 17.36.F.3.a.3) and subject to the performance
standards in Section 17.36 H. 12.a of the St. Croix County Zoning Ordinance.
Item #3: Addendum Special exception permit for structural erosion control (retaining wall
and pervious pavers) in the Lower St. Croix Riverway Overlay District pursuant to Section
17.36.F.3.a.7) and subject to the performance standards in Section 17.36 H.4.b of the St.
Croix County Zoning Ordinance.
After the hearing on June 23, 2011 the Board voted to deny special exception for a stairway (Item #2)
and approve the special exception requests Items #1 and #3 with conditions. The enclosed document is
the formal decision regarding your application.
Please feel free to contact me with any additional questions or concerns.
Since
Pamela Quinn
Zoning Specialist/ Zoning Administrator
Enclosure: Formal Decision
cc: Clerk, Town of Troy
Steve Olson, St. Croix County Land and Water Conservation Department
Mike Wenholz, WI Dept. of Natural Resources
5'7: CROIX COUNTY GOVERNMENT CENTER
110 1 CARMICHAEL ROAD, HUDSON, W/ 54016 7153864686 FAX
PZ@CO.5AINTC'R01X.W1.US WWW.CO.SAINTCROIX.WI.US
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87215
Applicants: Jonathan and Mary Wood, property owners
Agent: Elliott Architects, LLC
Parcel Numbers: 36.28.20.646F
Complete Application Received: May 2, 2011
Hearing Notice Publication: Weeks of June 6 and 13, 2011
Hearing Date: June 23, 2011
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes
the following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception requests (Items
#1, #2 and #3):
1. The applicants are Jonathan and Mary Wood, property owners. Acting as their agent is Elliott Architects, who
designed the house, stairway, and collaborated with Auth Consulting to develop the site plans and
construction drawings for the project.
2. The site is located at 206 North Ilwaco Rd. in part of Gov't Lot 1, Section 36, T28N, R20W in the Town of
Troy, St. Croix County, WI.
3. The Town of Troy Town Board has not yet submitted comments or recommendations regarding the
applicant's requests.
4. The St. Croix County Land and Water Conservation Department Conservation has reviewed the Jonathan and
Mary Wood special exception permit application and completed a site visit. The LWCD finds the proposed
stormwater management and erosion control measures adequate for the site and consistent with Chapter
17.36. However, the LWCD does not support any expansion of the structure.
5. The Wisconsin Department of Natural Resources staff has reviewed the application, but comments were not
submitted as of June 16, 2011. A letter from Mike Wenholz, dated June 16, 2011, was received as an e-mail
attachment and submitted for the Board's consideration during the hearing as Exhibit 5. Additional
comments were received in an e-mail dated 6/21/11 and submitted at the hearing as Exhibit 6.
6. The applicants submitted an application to the St. Croix County Board of Adjustment for a special exception
permit for reconstruction and expansion of a legal nonconforming principal structure, installation of a stone
stairway, and construction of a retaining wall and pervious pavers (structural erosion control) in the Lower St.
Croix Riverway Overlay District pursuant to Sections 17.36.I.2.d. and 2.e. and subject to the performance
standards in Sections 17.36.H.4 and H.12 of the St. Croix County Zoning Ordinance.
Item #1 (Special exception for reconstruction and expansion of a nonconforming principal structure in the
Lower St. Croix Riverway District):
7. The proposed reconstruction meets the requirements listed in Section 17.36.1.2.d. except that it will be taller
than the pre-existing nonconforming structure. However, its proposed height of 34' 8" complies with Section
17.36.G.4.
8. The proposed expansion meets requirements listed in 17.36.1.2.e:
• The lot is 1.25 acres, which is greater than 7,000 sq. ft. in area;
• The structure is greater than 75 feet from the OHWM and not within a slope preservation zone as defined
in the ordinance;
• The proposed reconstructed/expanded structure will be visually inconspicuous due to existing trees and
vegetative screening on the riverward side and the heavily wooded slope behind the dwelling;
• The expansion will remain within the footprint of the existing cabin and its attached deck;
• •
• The total footprint of the structure would not exceed 1,500 sq. ft.
• Expansion will be upward, parallel to the OHWM, and landward and meet the 25 ft. minimum setback
from exterior lot lines as required in Section 17.36.G.5.3).
• A Stormwater management and landscape plan was prepared by a professional engineer (sheet C5.0) to
comply with requirements for mitigation per Section 17.36.1.5.
9. Existing holding tanks were approved and installed during June 1984 after obtaining a sanitary permit from
the county. A new soil evaluation report has identified a compliant tested area for additional wastewater
treatment. The applicants have submitted a land use permit application in preparation for obtaining a sanitary
permit to install a POWTS for the expanded cabin.
10. The location of the principal structure is immediately adjacent to a steep slope that faces north along a ravine.
This area does not meet the definition of a slope preservation zone per Section 17.09 (208), which is a
riverward facing slope, thus does not require a 40-foot setback from the point where slopes become greater
than 12% on the north side of the structure. With a condition to remove an existing corrugated plastic
foundation drain and direct all runoff from the proposed structure and impervious surfaces to allow infiltration
of the first 1.5 inches of rainfall, the request will meet the mitigation requirements contained in Section
17.36.1.5.
Item #2 (Special exception permit for construction of a stairway in the Lower St. Croix Riverway District):
11. According to the application plans, the stairway would not be consistent with Section 17.36 J.2.b.2)a) j)
Terrestrial and aquatic habitat would be xxvlly impacted due to soil or vegetation disturbance.
Item #3 (Special exception permit for construction of a structural erosion control in the Lower St. Croix Riverway
District :
12. The applicants propose to replace and extend an existing retaining wall to provide stability along the toe of
the slope preservation zone and prevent erosion. Retaining walls are generally considered to be structural
erosion control measures, which are allowed in the slope preservation zone with a special exception permit.
Pervious pavers will replace impervious brick to infiltrate runoff, yet provide a stable, non-erosive surface for
vehicles to access the tuck-under garage. Standards in Section 17.36.H.4.b will be met in that structural
erosion control measures will be constructed of natural materials, will be made visually inconspicuous, and a
detailed construction plan, erosion and sediment control plan, and landscape/mitigation plan has been
submitted.
13. With a condition that an affidavit be recorded that describes the stormwater management and maintenance of
structural erosion control measures and a copy of the affidavit be submitted to the Zoning Administrator, the
request will meet requirements in Section 17.36.H.4.c.
14. The applicants' requests would not be contrary to the public interest, which is to prevent soil erosion,
maintain property values, and preserve and maintain the exceptional scenic, cultural, and natural
characteristics of the water and related land of the Lower St. Croix Riverway. With conditions to redirect
existing foundation drain discharge away from the ravine slopes and infiltrating runoff from impervious
surfaces, to install erosion and sediment control measures prior to commencing the reconstruction/expansion
of the dwelling, to protect existing trees within the OHWM setback to maintain slope stability, and to plant
trees and/or shrubs as indicated in the mitigation plan, the exceptional scenic, cultural, and natural
characteristics of the Riverway would be preserved and maintained.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board denied the
applicant's special exception request Item #2 and approved the applicant's special exception requests for Items # 1 and
#3, with the following conditions:
1. The special exception will allow the applicants to reconstruct and expand an existing nonconforming principal
structure and to install structural erosion control measures (retaining wall and pervious pavers) on the
property in accordance with the plans submitted on May 2, 2011 and as provided in the conditions below.
This approval does not include any additional structures or the proposed stairway and deck walkway,
impervious coverage, filling and grading, or other activities.
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2. The applicants shall secure all necessary permits and approvals from the Town of Troy and obtain any other
required local, state, or federal permits and approvals.
3. Prior to commencing construction, the applicants or their agents shall schedule a pre-construction meeting to
review conditions and make sure erosion and sediment control measures will be installed as indicated in
approved plans.
4. As indicated in the plans submitted by the applicant, the proposed project will be visually inconspicuous, will
comply with requirements for earth-tone building materials, and will not require removal of existing mature
trees that screen the house from the river.
5. The applicants will direct runoff from impervious surfaces and footing drains away from the riverward slopes
into approved pervious pavers and protect existing trees along the OHWM to maintain slope stability and
visual screening.
6. Upon approval by the County, the applicant shall record an affidavit against the property referencing the
stormwater management plan, including a long-term maintenance agreement for runoff infiltration structures.
The applicant shall submit a recorded copy of the affidavit to the Zoning Administrator at this time. The
intent is to make future owners aware of the limitations and responsibilities incurred as part of the Board of
Adjustment's decision
7. Any minor change or addition to the project, including but not limited to design of the project, shall require
review and approval by the Zoning Administrator prior to making the change or addition. Any major change
or addition to the originally approved plan will have to go through the variance approval process.
8. The applicant shall have one (1) year from the approval of this special exception to obtain the above permits
and local, state, or federal approvals for the project. Failure to comply with the conditions of this approval
within the timeframes stipulated shall be grounds for revocation. If the special exception permit is revoked,
the applicant will be required to secure a new special exception.
9. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise
that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing.
10. Accepting this decision means that the applicants and all property owners have read, understand, and agree to
all conditions of this decision.
The following vote was taken to approve special exceptions Items 1 and 3 as amended: Chairman Malick, yes;
Hurtgen, yes; Nelson, yes; Peterson, yes; McAllister, yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing
date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for
action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that
the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this
decision, was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for
information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of
this matter to the circuit court.
ZO BOARD OF ADJUSTMENT .1
Signed:
Date Filed: 06/27/11 Clarence W. "Buck" Malick, Chairperson